Abdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67707 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Abdhesh Kumar S/O Nepali Yadav R/O Village- Chandanpura, P.SSurjgadha, District- Lakhisarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 65 litres of country made liquor from a motorcycle bearing registration No. BR-53T-0401.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.67707 of 2022(3) dt.12-01-2023 2/3 has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Petitioner has no concern with the seized motorcycle. Nothing has been recovered from his conscious possession. It is further submitted that petitioner is passer-by. In the meantime, police arrested him. He is languishing in judicial custody since 02.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V-cum-Special Judge Excise Act, Lakhisarai in

Patna High Court CR. MISC. No.67707 of 2022(3) dt.12-01-2023 3/3 connection with Kiual P.S. Case No. 122 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T